Title GOV — California Gov. Code

(a) An interpreter used in a hearing shall be certified pursuant to Section 11435.30. However, if an interpreter certified pursuant to Section 11435.30 cannot be present at the hearing, the hearing agency shall have discretionary authority to provisionally qualify and use another…

Every agency subject to the language assistance requirement of this article shall advise each party of the right to an interpreter at the same time that each party is advised of the hearing date or medical examination. Each party in need of an interpreter shall also be encouraged…

(a) The rules of confidentiality of the agency, if any, that apply in an adjudicative proceeding shall apply to any interpreter in the hearing or medical examination, whether or not the rules so state. (b) The interpreter shall not have had any involvement in the issues of the ca…

(a) The agency head may do any of the following with respect to a decision of the presiding officer or the agency: (1) Determine to review some but not all issues, or not to exercise any review. (2) Delegate its review authority to one or more persons. (3) Authorize review by one…

Service of a writing or electronic document on, or giving of a notice to, a person in a procedure provided in this chapter is subject to the following provisions: (a) The writing, electronic document, or notice shall be delivered personally or sent by mail, electronic, or other m…

(a) The presiding officer may conduct all or part of a hearing by telephone, television, or other electronic means if each participant in the hearing has an opportunity to participate in and to hear the entire proceeding while it is taking place and to observe exhibits. (b) (1) E…

(a) In any proceeding under subdivision (h) or (i) of Section 12940, or Section 19572 or 19702, alleging conduct that constitutes sexual harassment, sexual assault, or sexual battery, evidence of specific instances of a complainant’s sexual conduct with individuals other than the…

(a) In any proceedings pursuant to this chapter or Chapter 5 (commencing with Section 11500), the portion of statements, writings, or benevolent gestures expressing sympathy or a general sense of benevolence relating to the pain, suffering, or death of a person involved in an acc…

(a) This section applies in adjudicative proceedings of an agency if the agency by regulation provides that this section is applicable in the proceedings. (b) The presiding officer shall grant a motion for intervention if all of the following conditions are satisfied: (1) The mot…

(a) For purposes of this section, the following terms have the following meaning: (1) “Quasi-judicial proceeding” means any of the following: (A) A proceeding to determine the rights or duties of a person under existing laws, regulations, or policies. (B) A proceeding involving t…

(a) Subject to the limitations in this article, an agency may conduct an adjudicative proceeding under the informal hearing procedure provided in this article. (b) The Legislature finds and declares the following: (1) The informal hearing procedure is intended to satisfy due proc…

Subject to Section 11445.30, an agency may use an informal hearing procedure in any of the following proceedings, if in the circumstances its use does not violate another statute or the federal or state Constitution: (a) A proceeding where there is no disputed issue of material f…

(a) The notice of hearing shall state the agency’s selection of the informal hearing procedure. (b) Any objection of a party to use of the informal hearing procedure shall be made in the party’s pleading. (c) An objection to use of the informal hearing procedure shall be resolved…

(a) Except as provided in this article, the hearing procedures otherwise required by statute for an adjudicative proceeding apply to an informal hearing. (b) In an informal hearing the presiding officer shall regulate the course of the proceeding. The presiding officer shall perm…

(a) The presiding officer may deny use of the informal hearing procedure, or may convert an informal hearing to a formal hearing after an informal hearing is commenced, if it appears to the presiding officer that cross-examination is necessary for proper determination of the matt…

(a) If the presiding officer has reason to believe that material facts are in dispute, the presiding officer may require a party to state the identity of the witnesses or other sources through which the party would propose to present proof if the proceeding were converted to a fo…

(a) This article applies in an adjudicative proceeding required to be conducted under Chapter 5 (commencing with Section 11500). (b) An agency may use the subpoena procedure provided in this article in an adjudicative proceeding not required to be conducted under Chapter 5 (comme…

(a) Subpoenas and subpoenas duces tecum may be issued for attendance at a hearing and for production of documents at any reasonable time and place or at a hearing. (b) The custodian of documents that are the subject of a subpoena duces tecum may satisfy the subpoena by delivery o…

(a) Subpoenas and subpoenas duces tecum shall be issued by the agency or presiding officer at the request of a party, or by the attorney of record for a party, in accordance with Sections 1985 to 1985.4, inclusive, of the Code of Civil Procedure. (b) The process extends to all pa…

(a) A person served with a subpoena or a subpoena duces tecum may object to its terms by a motion for a protective order, including a motion to quash. (b) The objection shall be resolved by the presiding officer on terms and conditions that the presiding officer declares. The pre…

A witness appearing pursuant to a subpoena or a subpoena duces tecum, other than a party, shall receive for the appearance the following mileage and fees, to be paid by the party at whose request the witness is subpoenaed: (a) The same mileage allowed by law to a witness in a civ…

(a) In the case of the production of a party to the record of a proceeding or of a person for whose benefit a proceeding is prosecuted or defended, the service of a subpoena on the witness is not required if written notice requesting the witness to attend, with the time and place…

A person is subject to the contempt sanction for any of the following in an adjudicative proceeding before an agency: (a) Disobedience of or resistance to a lawful order. (b) Refusal to take the oath or affirmation as a witness or thereafter refusal to be examined. (c) Obstructio…

(a) The presiding officer or agency head may certify the facts that justify the contempt sanction against a person to the superior court in and for the county where the proceeding is conducted. The court shall thereupon issue an order directing the person to appear before the cou…

(a) The presiding officer may order a party, the party’s attorney or other authorized representative, or both, to pay reasonable expenses, including attorney’s fees, incurred by another party as a result of bad faith actions or tactics that are frivolous or solely intended to cau…

Subject to the limitations in this article, an agency may conduct an adjudicative proceeding under the emergency decision procedure provided in this article.

(a) An agency may issue an emergency decision for temporary, interim relief under this article if the agency has adopted a regulation that provides that the agency may use the procedure provided in this article. (b) The regulation shall elaborate the application of the provisions…

(a) An agency may only issue an emergency decision under this article in a situation involving an immediate danger to the public health, safety, or welfare that requires immediate agency action. (b) An agency may only take action under this article that is necessary to prevent or…

(a) Before issuing an emergency decision under this article, the agency shall, if practicable, give the person to which the agency action is directed notice and an opportunity to be heard. (b) Notice and hearing under this section may be oral or written, including notice and hear…

(a) The agency shall issue an emergency decision, including a brief explanation of the factual and legal basis and reasons for the emergency decision, to justify the determination of an immediate danger and the agency’s emergency decision to take the specific action. (b) The agen…

(a) After issuing an emergency decision under this article for temporary, interim relief, the agency shall conduct an adjudicative proceeding under a formal, informal, or other applicable hearing procedure to resolve the underlying issues giving rise to the temporary, interim rel…

The agency record consists of any documents concerning the matter that were considered or prepared by the agency. The agency shall maintain these documents as its official record.

(a) On issuance of an emergency decision under this article, the person to which the agency action is directed may obtain judicial review of the decision in the manner provided in this section without exhaustion of administrative remedies. (b) Judicial review under this section s…

Subject to the limitations in this article, an agency may conduct an adjudicative proceeding under the declaratory decision procedure provided in this article.

(a) A person may apply to an agency for a declaratory decision as to the applicability to specified circumstances of a statute, regulation, or decision within the primary jurisdiction of the agency. (b) The agency in its discretion may issue a declaratory decision in response to …

Within 30 days after receipt of an application for a declaratory decision, an agency shall give notice of the application to all persons to which notice of an adjudicative proceeding is otherwise required, and may give notice to any other person.

The provisions of a formal, informal, or other applicable hearing procedure do not apply to an agency proceeding for a declaratory decision except to the extent provided in this article or to the extent the agency so provides by regulation or order.

(a) Within 60 days after receipt of an application for a declaratory decision, an agency shall do one of the following, in writing: (1) Issue a decision declaring the applicability of the statute, regulation, or decision in question to the specified circumstances. (2) Set the mat…

(a) A declaratory decision shall contain the names of all parties to the proceeding, the particular facts on which it is based, and the reasons for its conclusion. (b) A declaratory decision has the same status and binding effect as any other decision issued by the agency in an a…

(a) The Office of Administrative Hearings shall adopt and promulgate model regulations under this article that are consistent with the public interest and with the general policy of this article to facilitate and encourage agency issuance of reliable advice. The model regulations…

(a) Subject to any applicable regulation adopted under Section 11470.50, at any point in an agency proceeding the presiding officer or other agency official responsible for the proceeding: (1) May convert the proceeding to another type of agency proceeding provided for by statute…

If the presiding officer or other agency official responsible for the original proceeding would not have authority over the new proceeding to which it is to be converted, the agency head shall appoint a successor to preside over or be responsible for the new proceeding.

To the extent practicable and consistent with the rights of parties and the requirements of this article relating to the new proceeding, the record of the original agency proceeding shall be used in the new agency proceeding.

After a proceeding is converted from one type to another, the presiding officer or other agency official responsible for the new proceeding shall do all of the following: (a) Give additional notice to parties or other persons necessary to satisfy the statutory requirements relati…

An agency may adopt regulations to govern the conversion of one type of proceeding to another. The regulations may include an enumeration of the factors to be considered in determining whether and under what circumstances one type of proceeding will be converted to another.

The rules imposed by this article may be referred to as the Administrative Adjudication Code of Ethics.

(a) This article applies to the following persons: (1) An administrative law judge. As used in this subdivision, “administrative law judge” means an incumbent of that position, as defined by the State Personnel Board, for each class specification for Administrative Law Judge. (2)…

Except as otherwise provided in this article, the Code of Judicial Ethics adopted by the Supreme Court pursuant to subdivision (m) of Section 18 of Article VI of the California Constitution for the conduct of judges governs the hearing and nonhearing conduct of an administrative …

For the purpose of this article, the following terms used in the Code of Judicial Ethics have the meanings provided in this section: (a) “Appeal” means administrative review. (b) “Court” means the agency conducting an adjudicative proceeding. (c) “Judge” means administrative law …

The following provisions of the Code of Judicial Ethics do not apply under this article: (a) Canon 3B(7), to the extent it relates to ex parte communications. (b) Canon 3B(10). (c) Canon 3D(3). (d) Canon 4C. (e) Canons 4E(1), 4F, and 4G. (f) Canons 5A–5D. However, the introductor…